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PC 85-48RESOLUTION NU. PC85-48 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION POR CONDITIONAL USE PERMIT N0. 2661 BE GRANTED WHCREA~, the Anaheim City Planning Commission did receive a veri:ied Petition for Conditional Uae Permit from ORANGE PROPERTIES, 9100 Wilshire Boulevard, Suite 333, Beverly Hills, California 90210, owner, and D& D DEVELOPMENT, 11008 Plorwalk Houlevard, Santa Fe Springs, California 90670, agert for certb~.n real property sitiiated in the City of Anahcim, County of Orenge, State of Califocnia, descri.be~ as: PARCEL 2 IN THE CITY OF ANaHEIM, CQUNTY OF URANGE~ S'~'ATE CF CALIFORNIA~ AS PER MAP FILED IN BOOK 191, PAGES 7.2 AND 23 OF PARCEL MAPS OF SAID COUNTY. PARCEL 1: THAT POkTION OF THE SOUTH~EST ONE-QUARTER OF THH NOFTHEAST ONE-QUARTER OF SECTION 22, 1'OWNSHIP 4 SOUTH, RANGE 10 WEST~ IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM~ COUNTY QF ORANGB, STATE OF CALIFORNIA~ AS SHOWN ON A MAP RECORDED IN SOOK 51 PAGE 10 OF MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY~ DESCRIBED AS POLLOWS: COMMEtiCING AT THE SOUT9WEST CORNER OF LAND DESCRIBED IN TORRENS TITLE CERTIFICATE N0. 4~ ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLES OF ORANGE COUNTY, CALIFQPNZA, SAZD POINT BEING ON THE DIORTH AND SOUTfi ONE-QUARTER SECTION LINE OF SECTION 22 AND DISTANT NORTH 0° 16' 25" WEST 42.93 FEET FROM THE INTERSECTION OC SAID LINE WITH THE CENTER LINE OF CERRITOS AVENUE AS DESCRIBEll IN DEED TO THE COUNTY OF ORANGE~ RECORDED JULY 15, 1926 IN BOOK 662 PAGE 292 OF DEEDS; THENCE NORTH 0° 16' 25" WEST ALUNG SAID NORTH AND SOUTH ONE-QUARTER SECTION T.7NF A D?S?'ANCF. ~r 4]~,73 FF,F.T; THF,N~R NOFTH 89° 57' ~0' F,AST 60.00 FEET TO A POINT UN THE EASTERLY LINE OF HARDOR BOULEVARD~ AS DESCRIBED IN P. DEED TO THE CITY OF ANAHEIM~ RECORDED DECEMflER 30, 1955 IN BOOK 3338 PAGE 133 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF AEGINNING; THENCE NORTH 89° 57' 00" EAST 240.00 FEET; THENCE NORTH L° 16' 25" WEST 102.11 FEET; THENCE SOUTH 89° 57' 00' WEST 240.OQ FEET TO A POINT ON THE EASTERLY LINE OF HARBOR BOULEVARD~ AS DESCRIBED IN SAID DEED TO THE CITY OF ANAHEIM~ THENCE SOU4H 0° .l6' 25" EAST AI,ONG SAID RASTERLY LINE OF HARBOR BOULEVARA~ A DISTANCE OF 102.i1 FEET TO THE TRUE POZNT OF BEGINNING. PARCEL 2: THAT PORTZON OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SGCTION 22~ TOWNSHIP 4 SOUTH~ RANGE 10 WEST~ IN THE RANCHO SAN JUAN CAJON DE SANTA ANA~ AS SHOWN ON A MAP RECORDED IN BOOR 51 PAGE 10 OF MISCELL~NEOUS MAPS~ RECORDS OF ORANGE COUNT}~ CP.LIFORNIA~ DESCRIIIED AS FOLLOWS: ~0446r PC85-48 COMMENCING AT THE SOUTHWEST CORNCR OF LAND DESCRIBED IN TORRENS TZTLE CERTIFICATE N0. 47 ON FILE IN THF OFFICE OF THE RGGISTRAR OF TITLES OF ORANGE COUNTY, CALIrORNIA, SAID POINT BEING ON THE NORTH AND SOU1'H ONE-QUARTER SECTION LINE OF SECTTON 22 AND DISTANT NORTH 0° 16' 25' WEST 42,g3 EEET FROM THB I[JTERSECTION OF SAIL LINE WITH THE CENTER LINE OP CERRITOS AVENUE AS DESCRIBED IN DEED TO THE COUNTY OF ORANGE~ RECORDED JULY 15, 1926 IN HOOK 662 PAGE 292 OF DEEDS; THENCE NORTH 0° 16' 25" WEST ALONG SAID NORTH AND SOUTH ONE-QUARTER SECTION LINE A DISTANCE OF 410.7~ FEET; THENCE NORTH 89° 57' CO" EAST 300 f'EET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 57~ 00" EAST 360.00 FEET TO THE EAST LINE OF SAIU LAND DESCRIBED IN TORRENS TITLE CERTIFICATE NO, 47; THENCE NORTH 0° 16' 25' WEST 226.81 FEET TO THE MOST SOUTHERLY COkNER OF LAND DESCRIBED IN DEED m0 THE STATE OF CALZFORliIA, FILED NOVEMBER 1~ 1950 AS DOCUMENT N0. 21667 IN THE OFFICE OF THE REGISTRAR TITLE OF ORANGE COONT], CALIFORNIA; THENCE NORTH 66° OD' 15' WF,ST 25.29 FEET TO A iINE PARALLEL WITH THE DISTA[TT 33,00 FEET SOUTFiEkLY MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF LAND DF,SCRIBED IN TORRENS TITLE CERTIFICATE N0. 10914 ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLE OF ORANGE COUNTY~ CALIFORNIA; THENCE ALONG SAID PARALLEL LINE SOUTH 89° 57' 00" WEST 305.45 FEET TO THE 6EGINNING OF A TANGENT CURVE CONCAVF. NORTHERLY HAVING A R:~DIUS OF 295.00 FEET; THENCE WESTERLY, ALONG SAID CURVE THROUGH A CENPRAL ANGLE OF 5° 4Q' ?7• qN ARC DISTANCE OF 29.56 FEET TO A LINE THAT l~EARS NORTH 0° 16' 25' WEST FROM THE TRUE POINT OF BEGINNING~ A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 5° 41' 27" W;;ST, THENCE SOUTH 0° 16' 25' EAS; 136,48 FEET; iHENCE SOUTH 89° 57' 00' WE~T 2.00 FEET THEc1CE SOUTH 0° i6' 25" EAST 101..11 r^EET TO TfiE TRUE POINT OF BEGINNING. EXCEPTIfIG THEREFROM THE EASTERLY 1.00 iEET. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 20, 1985, at 1:30 p,m,~ notice of said public hearing having been duly yiven as required by law and in accordance with the provisions of rhP ,n~~,y~.i;~ ,~~ :i~:. _. to Leac and consider evidence for and against saidlryj ~ude, Chapter 18.03, permit ~nd to investigate and make findings and reco me dations~inlconnection therewith; and WHEREr1S, said Commission, after due inspection, investigation and study made Sy itse)f and in its behalf, and after due consideration of all evidence and re^~rts offered at said hearing, doe~ find and determine the following facts 1• That the ~rcposed use is properly one foc which a conditional use permit is authorized by Anaheim Municipal Code Section 18.48.050.070 and 18.48.050.160 to wit: tn permit a 9-story, 78-foot high, 368-room hotel with acces~ory uses including on-sale of alcoholic bevera9es with •oaivers of the following: (a) SECTION 18,48.062,012 - Maximum structural heiqht. (75 feet or 6 stories permitted; 78 feet and 9 stories proposeci) -2- PC85-48 (b) SECTION 18.06.050.0232 - Minimum number of parking spaces. 18.Q6.050.024 (892 spaces required; 543 spaces proposed) 18.06.080 AND 18.48.066.050 2. That the above-mentioned waiver (a) is hereby granted on the basis that there are special circumstances applicable to the pcoperty such as size, shape, topography, location and surroundings which do not apply to otlier ~dentically zoned property in the ~~me vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other propertie~ in the identical zone and classification in the vicinity. 3. That tiie above-mentioned ~•aiver (b) is hereby granted on the basis that the parking variance will not cau:.e an increase in traffic congestion in the immediai.e vicinity nor adversely affe~t any adjoining land uses; and that the granting oc the parking varia~ce under the ronditions imposed, if any, will not be detrimental to the peace, health, safety or general ~~..lface of the citizens of the City of Anaheim. 4. That the proposed ~se will not adversely affect the adjoining land uses and the gro•.+th ar.d development of the area in which it is propcsed to be located. 5. That the size and shape of the site oroposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area noc to thc pcace, health, safety and general welfare of the Citizens of Lhe C:ity of Anaheim. G. That the granting of the Conditional t~se Permit under the conditions imposed, if any, will not be detrimental ro the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and impzoved to carry the traffic in the area. 8. That two persons indicated their presence at said public heari.ng in opposition; and khat no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FZNDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a 9-story, 78-£oot high, 368-room hotel with accessory uses including on-sale alcoholic beverages with waiver of maximum structural height and minimum number of parking spaces on an ircegularly-shaped parcel of land consisting of approximately 6.2 acres, located south and ea~t of the southeast corner oL Manciiester Aven•ie and Harbor Boulevard, and further described as 141K and 1460 South Harbor Boulevard (Red Lion Inn); and does hereby approve the Negative Declacation upon finding that it has considered the Negative Aeclaration together with any camments ceceived during the public review process and further findin9 on •the basis of the initial study and any comments received that there is no substantial evidence that the oroject will have a signif.icant effect on the environment. -3- PC85-48 , ~~ !'.~: . NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Pet•ition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite co the proposed use of the subject property in ocder to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That sidewalks sha?,1 be installed along Harbor Boulevard as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That street lighting facilities a.long Harbor Boulevard shall be installed as reguired by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim priur to issuance of building permits. The above-required improvements shall be instal2ed prior to occupancy. 3. That subject property shall be served by underground uti.lities. 4. That the owner of subject property shall pay to the City of Anaheim a fee foc tree planting purposes along the southerly 251 feet adjacent to Harbor Boulevard in a.n amount as determined by the City Council. 5. That prior to issuance of a building permit, primary water main fees shall be paid to the City of Anaheim for the southerly existing parcel, in an amount as determined by the Office of the Utilities General Manager. 6. That prior to issuance of a b4ilding permit, the appropriate traffic signal asse~sment fee st~all be paid to the City oi Anaheim in an amount as determined by the City Cauncil for ^ew commercial buildings. 7. That all driveways ~hall be constructed to accommodate ten (10) foot radius curb rarurns <~ requi:ed bp the City Traffic Engineer. B. That draina~~e of subject property sha.ll be disposed of in a manner satisfactosy to the City Engineer. This shall inc].ude acceptance of and disposal of drainage water from pzoperties to the east of subject property. 9. That prior to commencemeat of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of thE Fire Department. 10. That trash stocage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation nivision. 11. That f~~e sprinklers shall be installed as required by the City Fire M~r~nall for all buildings in the complex including the proposed coriversion of a ballroom. ~i , °:'-. -4- PC65-48 ~ -. _ . , . : . . . . . . . . , .. .~ *;r.: 12. That the owner(s) of ~ubject property shall submit a letter to the Planning Department f rom nisneyland rep~esentatives verifying that a balloon test was conducted to determi ne height intrusion and that the results of sai.d balloon test are satisfactory to Disneyland representatives. 13. That prior to issuance of a building permit, the owner(s) of subject propezty shall ex ecute and cecocd a covenant in a fcrm approved by the City Attorney agreeing that if i , w thin tt~ree (3) years following occupancy of Lhe hotel. complex, the Cit c d y on ucts a traffic study which indicates th3t the ofE-street parking is znadequat f ' e or the hotel and related uses, said owner shall construct a parking structu r ~ p re on the hotel operky or shall otherwise provide additional off-stre t , e parking in a nunber (not to exceed 349 additional spaces) and manner satisfactory to the City Engineer Add . icionally, prior to issuance of a building permit for the hotel complex, said owner(s) h s all post a faithful performance bond with the City or submit a lett er of credit or other guarantee acceptable to the City in an amount as reguired by th Ci ; e ty Engineer to ; guarantee installation of said additional parking, which amo dee d t _ un me shall be liquidated damages payable to the City in ,h +, e event that any such required parking is not constructed ir. a timely mann er. Compliance with the terms of the aforesaid covenant i s an expressed and continuing condition of this conditional use permit. : 14. That thu devel~~per/hotel owner shali provi~e a private shuttle bus system from the hote:i to v i ar ous points of interest within the Anaheim City limits, said system to b e reviewed and approved by the City Traffic Engineer. 15. That a comprehensive signing plan for vehicular and pedestrian circulation shall be suhmitt d e to the City 7'raffic Engineer for review and approval. 16. That all air conditioning Eacilitie~ and other roof mounted equipnient shall be oron l ~ er y s ie~ded from „ ew, 17. That all signing shall comply with all requirements of the CR Zone, unless a variance allowing sign waivers is arproved by the Planning Commission or City Council; ptovided, however, that no signing, either lighted or unlighted, shall be visible from the interior of Disneyland. 18. That the owner(s) of subject property shall record a covenank guaranteeing that in the event the ownership of a portion of subject Pr°Perty is tcansferred, that all uses and/or buildings included in $uhject hotel complex shall continue to share parking facilities. Said covenant shall be in a£orm as approved by the City Attorney, a copy of which shall be submitted to the Planning Departmenc. 19. That the owner of subject property shall submit a letter requesting termination of Variance Nos. 416 and 458, and ~onditional Use Permit No. 124 to the Planning Department. 20. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 16. `~`' -5- ^£ PC85-48 ~. 21. That pcior to i~suance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Cond.ition Nos. 2, 4, 5, 6, 12, 13, 18 and 19, above-mentioned, shall be complied with. Extensious for f.urther time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 22. That prior to final building and zoni:~y inspections, Condition Nos. 1, 3, 7, 8, 10, 11, 15, 16 and 20, above-mentioned, shall be complled with. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. SAould any such conditions, or any part thereof, be declared invalid or unenforceable by the final ~~,9gment of a!~y court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING FESOLUTIOt~ is signed and approved by me this 20th day of February, 1985. / / ~Y?~ -~i,~,~ ~CH;',IRMAN, ANAH IM CITY PLANNING COMMISSION ATTEST: (~? Q_Q_~ f~ ' /`~~ ~.tiLC-, SECRETARY, ANAHEIM CITY 2LANNING COMMISSSON STATE OF CALIFC~RNIA ) COUNTY OF ORANGE ) ss. CZTY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planninq Commission h?]d on Feh~ua-y Z0, 2985, b~ t.~e folloainy vote of the member.s thereof: AYES: COMMZSSIONERg: IIOUAS, BUSHORE, HERBST~ KING, LA CLAIRE, MC EURNEY NOES: CQMMISSIONERS: NONR ABSENT: COMMISSIONERS: FRY IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of February, 1985. ~~~ ~ ~~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC85-48